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Simple English definitions for legal terms
decretal interdict
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A quick definition of decretal interdict:
A decretal interdict is a type of court order that prohibits or orders someone to do something. It is used in Roman and civil law to resolve disputes and protect people's rights. There are different types of interdicts, such as possessory interdicts that protect someone's possession of property, and restitutory interdicts that order something to be returned to its rightful owner. In some cases, a person may be interdicted, which means they are not able to make decisions about their personal care or property due to an infirmity or mental incapacity.
A more thorough explanation:
Definition: A decretal interdict is a type of injunction or decree in Roman and civil law that signifies the praetor's order or decree by applying the remedy in a pending case. It is one of several types of interdicts, which are court orders that prohibit, exhibit, or restore something.
Examples:
- Edictal interdict: This type of interdict declares the praetor's intention to give a remedy in certain cases, usually in a way that preserves or restores possession. For example, if someone is wrongfully evicted from their home, the praetor may issue an edictal interdict to restore their possession.
- Possessory interdict: This type of interdict protects a person whose possession was disturbed without due process. For example, if someone takes possession of a piece of land without legal authority, the possessor in good faith can obtain a possessory interdict to protect their possession.
- Prohibitory interdict: This type of interdict forbids something to be done. For example, if a company is polluting a river, the praetor may issue a prohibitory interdict to stop the pollution.
- Restitutory interdict: This type of interdict directs something to be restored to someone who had been dispossessed of it. For example, if someone's property is stolen, the praetor may issue a restitutory interdict to order the return of the stolen property.
These examples illustrate how decretal interdicts and other types of interdicts can be used to protect people's rights and property in Roman and civil law.